Volume 9, Issue VI / 2026

Abstract. Doctoral attrition in the United States is high and persistent. In the most careful national study, only 57 percent of PhD entrants had finished within ten years. This paper asks who bears the cost when a doctoral student leaves without the degree. It combines doctrinal analysis of federal statutes, regulations and case law with published national data and the empirical literature on doctoral persistence. The paper finds that many causes of attrition, including absent or poor supervision, departmental culture, inadequate funding and conditions affecting mental health, lie substantially within institutional control. US law, however, rarely reaches them. Courts enforce only specific contractual promises and treat handbook language framed as aspiration as unenforceable. The educational malpractice doctrine and academic deference shield administrative as well as academic decisions. Federal misrepresentation rules govern what universities say rather than how they perform, and they are enforced by the Secretary of Education rather than by students. Title IX, Section 504 of the Rehabilitation Act and the National Labor Relations Act offer partial protection, subject to high thresholds, institutional deference or unstable precedent, and no federal rule requires doctoral programs to disclose completion rates. Federal loan limits in force from July 2026 shift further financial risk onto students. The paper concludes that academic judgment should remain with academics, but that administrative commitments and information about outcomes should carry legal weight. It proposes enforceable supervision commitments, program-level completion disclosure, funding transparency, stronger leave and accommodation policies, and independent channels for raising concerns.

Abstract. Tanzanian succession law was built for paper. The Indian Succession Act 1865, as applied in Tanzania, requires a will to be signed by the testator and attested by two witnesses, and it assumes a physical document. The Electronic Transactions Act 2015 recognizes electronic records and signatures in general terms but is silent on wills. This leaves testators, advocates, probate officers and courts without clear guidance on whether a will made, signed, witnessed or stored electronically can be valid. This article uses a qualitative doctrinal and comparative method to examine the problem against the law of South Africa. South Africa expressly excludes wills from its electronic transactions statute, yet its courts have used the condonation power in section 2(3) of the Wills Act 7 of 1953 to accept electronic documents as wills where the deceased’s intention is proved. The article finds that Tanzanian law does not clearly regulate electronic wills and offers no mechanism for rescuing a genuine electronic will that fails the traditional formalities. It argues that the most transferable South African lesson is structural: a strict formal code can coexist with an evidence-based remedial discretion. It recommends legislative, institutional and professional reforms adapted to Tanzania’s own structures.

Abstract. This article critically examines the legal and institutional challenges affecting the enforcement of construction adjudication decisions in Tanzania, using the United Kingdom as a comparative reference. It focuses on the gap between the use of adjudication under construction contracts and institutional rules and the absence of a coherent statutory framework that expressly establishes the legal effect of decisions and a direct, expedited enforcement route. The article adopts doctrinal and comparative legal research methods, analysing relevant legislation, procedural rules, judicial decisions and legal literature in the two jurisdictions. The analysis identifies five interconnected issues: uncertainty over the status and binding effect of adjudication decisions; the lack of a dedicated enforcement procedure; the risk that enforcement proceedings may become a reconsideration of the underlying dispute; insufficiently defined institutional responsibilities and professional standards; and the need to coordinate adjudication with arbitration and litigation. The United Kingdom framework, particularly the Housing Grants, Construction and Regeneration Act 1996, the Scheme for Construction Contracts and the courts’ enforcement approach, illustrates how statutory recognition and focused judicial supervision can preserve adjudication’s intended speed while retaining safeguards for jurisdictional and natural-justice defects. The article argues that Tanzania should adopt a context-sensitive statutory framework defining the scope of adjudication, the legal effect of decisions, enforcement procedure, limited grounds of challenge and the roles of relevant institutions. These reforms would improve legal certainty and the practical utility of adjudication in the construction industry.

Abstract. The Patents Act, 1970 grants the patentee the exclusive right to make use of an invention and also contains certain provisions to stop the right from being used for purposes beyond what patent law actually protects. This paper examines the practical application of sections 106 and 140. Section 106 provides relief to a person threatened with infringement proceedings without justification, through a declaration, an injunction and damages. Section 140 renders void certain restrictive conditions that a patentee may impose in contracts of sale, lease or licence. The study is based on doctrinal methodology, examining the statutory language, Indian case law on these provisions and legal commentaries. The analysis suggests that courts have not yet developed a settled interpretative test for either section, which leaves their scope and application uncertain. The Act does not say when a communication becomes a “threat” or when a threat becomes “groundless”, and the courts have so far answered those questions case by case. Section 140 has attracted even less judicial attention, so its categories, in particular the newer ones concerning grant-back, validity challenges and coercive package licensing, remain largely unexplained. The paper argues that this gap between legislative intent and judicial interpretation, and the lack of clarity in the legal words used, reduce the effectiveness of these provisions in regulating misuse of patent rights. It concludes that clearer judicial standards and more consistent application are necessary to ensure that patent rights are exercised within reasonable and legally defined limits.

Abstract. This article examines whether Indian family law should recognise prenuptial agreements. It analyses their legal status under the Indian Contract Act, 1872, relevant judicial decisions and matrimonial legislation, while considering the approaches adopted in the United States and England and Wales. In India, the enforceability of prenuptial agreements remains uncertain because there is no comprehensive statutory framework governing such agreements, and their validity may depend on contractual principles, applicable personal laws and public policy. Although prenuptial agreements can promote financial transparency, clarify the ownership of premarital assets and reduce uncertainty, unrestricted enforcement may expose a financially weaker spouse to coercion or injustice and may undermine statutory protections, including maintenance rights. The article argues that India should adopt a clear legislative framework that recognises fair and voluntarily executed prenuptial agreements, subject to safeguards such as full financial disclosure and judicial scrutiny. Such a framework should respect individual autonomy while preserving equality, fairness and the protective objectives of family law.

Abstract. This article examines the effectiveness of alternative dispute resolution (ADR) in resolving tax disputes in Tanzania, with comparative reference to Kenya. It argues that Tanzania’s tax laws recognize ADR but do not give it the procedural and institutional clarity that predictable, fair and enforceable outcomes require, and that Kenya’s experience shows how that gap may be narrowed. The article employs doctrinal and comparative approaches. It finds that Tanzania has a legal and institutional basis for ADR in tax disputes, but the framework remains fragmented and lacks a comprehensive tax-specific procedure. Key challenges include uncertainty concerning ADR and statutory objection and appeal timelines, inadequate safeguards for independence and confidentiality, uncertainty regarding the legal effect and enforcement of settlements, limited taxpayer awareness, unequal bargaining power and weak institutional coordination. Compared with Tanzania, Kenya has a more structured tax ADR framework supported by specific legislation and subsidiary regulations. The article concludes that ADR has significant potential to improve tax dispute resolution in Tanzania. It recommends the development of a coherent tax-specific ADR framework, clearer settlement procedures, stronger safeguards for neutrality and confidentiality, improved institutional coordination and greater awareness among taxpayers and relevant practitioners.

Abstract. The increasing reliance on digital technologies in the commission and investigation of crime has made digital evidence integral to contemporary criminal proceedings, while raising complex questions concerning its admissibility, reliability, and compatibility with fair-trial guarantees. This study examines the adequacy of the legal regulation of digital evidence in criminal proceedings and the extent to which it reconciles effective criminal investigation with the protection of fundamental rights. Employing descriptive-analytical, comparative, and inductive approaches, it analyses the legal nature of digital evidence, the procedures governing its collection, seizure, preservation, and examination, and the principles guiding its judicial assessment. The study considers selected Arab and international legal frameworks, with particular attention to the United Arab Emirates, and addresses the challenges of obtaining electronic data across national borders. The findings indicate that contemporary legal systems increasingly recognise digital evidence as a legitimate means of criminal proof. The principal challenge lies not in recognition alone, but in safeguarding the legality, integrity, and verifiability of such evidence throughout its lifecycle. A documented chain of custody and competent forensic examination are central to establishing reliability, while the ultimate assessment of probative value remains within the discretion of the criminal court. The study therefore recommends clearer procedural rules specifically tailored to digital evidence, standardised custody and preservation practices, professional standards for forensic expertise, and stronger mechanisms for international judicial cooperation. It concludes that an effective legal framework must integrate technical safeguards with procedural protections to strengthen criminal justice without undermining privacy, defence rights, or the fairness of proceedings.

Abstract. The paralysis of the World Trade Organization (WTO) Appellate Body since December 2019 represents one of the most significant challenges to the contemporary rules-based international trading system. Once regarded as the cornerstone of the WTO’s dispute settlement mechanism, the Appellate Body ensured consistency, predictability, and legal certainty in interpreting and enforcing multilateral trade rules. Its inability to function has generated a profound institutional and normative crisis, raising fundamental questions regarding the relationship between international law, state sovereignty, and power politics in global economic governance. This work critically examines the causes and consequences of the WTO Appellate Body crisis within the broader context of the changing international economic order. It argues that the institutional paralysis extends beyond a procedural dispute over judicial appointments and reflects deeper tensions concerning treaty interpretation, judicial legitimacy, geopolitical rivalry, and the evolving balance of power among major trading nations. Drawing on Realism, Liberal Institutionalism, Legal Positivism, and Third World Approaches to International Law (TWAIL), the paper shows how competing conceptions of law and power shape the functioning and legitimacy of international adjudicatory institutions. It further analyses the legal and institutional consequences of the crisis, including the erosion of legal certainty, the resurgence of unilateral trade measures, and the growing fragmentation of the multilateral dispute settlement framework. Particular attention is devoted to the implications for developing countries, with a special focus on India, whose economic interests depend significantly on an effective, impartial, and enforceable rules-based trading system. The present work also evaluates recent reform initiatives, including the Multi-Party Interim Appeal Arbitration Arrangement (MPIA), and proposes measures to restore the credibility, independence, and effectiveness of WTO dispute settlement. It concludes that the future of international economic law depends not merely on institutional restructuring but on renewed political commitment to multilateralism, respect for international legal obligations, and the preservation of a dispute settlement system capable of balancing state sovereignty with the rule of law in an increasingly multipolar world.

Abstract. The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) has played an important role in limiting the spread of nuclear weapons. However, its legal framework contains a significant imbalance. While the non-proliferation obligations of non-nuclear-weapon states are supported by an international safeguards system, the implementation of nuclear disarmament commitments remains difficult to assess. The continued modernisation of nuclear arsenals and the failure of the 2026 NPT Review Conference to adopt a consensus substantive outcome have brought renewed attention to this problem. This paper examines the difference between the legal obligations established under Articles II, III and VI of the NPT and the institutional arrangements available for reviewing their implementation. It introduces the concept of the “Nuclear Black Box” to describe the gap between the legal recognition of disarmament obligations and the ability of existing institutions to consistently assess their fulfilment. The paper argues that the Treaty’s central weakness lies in the limited continuity and accountability of its review process along with its unequal structure. This is based on the jurisprudence of the International Court of Justice, successive NPT Review Conferences, and recent proposals for greater transparency. It proposes an evidence-based implementation record that would utilise national reports, identify unresolved disagreements, and track commitments across review cycles, including the times when consensus cannot be reached. The paper concludes by emphasising that strengthening disarmament accountability within the existing treaty framework is essential to maintain the credibility of international nuclear non-proliferation.

Abstract. Public authorities in India are steadily handing eligibility screening, risk scoring and benefit allocation to software. This paper asks whether the code performing these functions can be treated as state action and, if so, how Articles 14 and 15 of the Constitution constrain it. It argues that the relevant act is not the programmer’s intention but the authority’s decision to adopt, configure and rely on a system, and that Article 12, read with the instrumentality and public-function tests, reaches that decision even where a private vendor builds the model. The paper then develops a theory of algorithmic arbitrariness. Drawing on E.P. Royappa, Maneka Gandhi and Shayara Bano, it contends that an automated determination which is unexplained, unvalidated or unreviewable offends Article 14 because it cannot be measured against any intelligible standard. Turning to discrimination, it shows how facially neutral models reproduce disadvantage through proxy variables and skewed training data, and it uses Lt. Col. Nitisha v. Union of India, India’s leading recognition of indirect discrimination, as the doctrinal bridge to effects-based review under Articles 14 and 15. Reading these authorities alongside Huq’s critique of intent-centred doctrine, the Micklitz volume and Sulmicelli’s safeguards architecture, the paper assesses NITI Aayog’s Responsible AI papers and the 2025 India AI Governance Guidelines and finds them principled but non-justiciable. It closes with four proposals: a presumption of arbitrariness where reasons and validation records are withheld, mandatory equality impact assessments, a right to human review, and aggregate remedies for systemic design defects.

Abstract. The emergence of cybercrime committed by autonomous artificial intelligence is no longer hypothetical. During cyber-range evaluations run by the UK AI Security Institute in July 2026, AI agents took nineteen unsanctioned actions on the live internet, seventeen by Anthropic’s Mythos 5 and two by OpenAI’s GPT-5.6 Sol, including an attempted supply-chain attack, social engineering and prompt injection. In the same summer, a swarm of OpenAI agents under evaluation breached Hugging Face’s production infrastructure, in what has been described as the first publicly documented fully autonomous AI cyberattack. No human directed either set of actions. This exposes a structural fracture in existing liability regimes. India’s Information Technology Act, 2000 and Bharatiya Nyaya Sanhita, 2023, the US Computer Fraud and Abuse Act of 1986 and the UK Computer Misuse Act 1990 all condition liability on mens rea, while the EU AI Act imposes procedural safety obligations but is silent on liability, a gap left open since the AI Liability Directive was withdrawn in 2025. The gap is widest where a developer has complied fully with its safety obligations, yet its system acts autonomously and unlawfully. Through a comparative doctrinal analysis tested in the light of the documented 2026 incidents, this paper examines who can be held liable and whether vicarious liability, strict liability and regulatory non-compliance models can be adapted to answer that question. Both civil and criminal law are considered in this regard, including in a few EU and Asian countries. It finds that criminal liability generally fails against a developer, that vicarious liability works only through statutory deeming, and that civil strict liability, especially India’s M.C. Mehta absolute liability rule and section 43 of the IT Act, offers solutions, though not complete ones. It recommends specific amendments to the IT Act and parallel reforms elsewhere.

Abstract. The proposal for simultaneous elections to the Lok Sabha and State Legislative Assemblies, popularly described as “One Nation, One Election” (ONOE), has moved from a recurring electoral reform debate to a concrete project of constitutional amendment. The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 proposes the insertion of Article 82A and amendments to Articles 83, 172 and 327 in order to synchronise parliamentary and State electoral cycles. The proposal is defended on grounds of administrative efficiency, reduction of election expenditure, continuity in governance, minimisation of repeated application of the Model Code of Conduct and greater policy stability. Yet its constitutional significance extends far beyond election management. It raises foundational questions concerning federalism, representative democracy, parliamentary accountability, State autonomy, premature dissolution of legislatures, the power of the Election Commission of India, the constitutional position of the President, and the Basic Structure Doctrine. This paper examines the historical evolution of simultaneous elections, the recommendations of the High Level Committee chaired by former President Ram Nath Kovind, the architecture of the 129th Amendment Bill, and developments before the Joint Parliamentary Committee up to October 2026. It argues that synchronisation is not unconstitutional merely because elections are held together; India itself followed substantially simultaneous electoral cycles until 1967. The constitutional difficulty lies instead in the mechanisms necessary to preserve synchronisation once political events produce different legislative lifespans. Curtailing elected State Assemblies, limiting governments elected after premature dissolution to a “remainder term”, and permitting postponement of a State election on the recommendation of the Election Commission potentially alter the working relationship between democratic accountability and federal autonomy. Drawing upon Supreme Court jurisprudence on democracy, federalism, constitutional amendment and free and fair elections, the paper concludes that electoral efficiency cannot by itself justify constitutional centralisation. Any simultaneous election framework must preserve the independent democratic mandate of the States, maintain legislative accountability and incorporate stringent safeguards against arbitrary postponement or manipulation of electoral cycles.

Abstract. Maritime chokepoints stand in a paradoxical position in the international legal order. On one hand they constitute indispensable arteries of global trade, and on the other hand their security depends upon a fragmented arrangement of coastal sovereignty along with war-laden navigational freedoms, disconnected collective security mechanisms and patchy private commercial decisions. The United Nations Convention on the Law of the Sea (UNCLOS) protects transit passage through the international straits. However, it does not guarantee the conditions required for uninterrupted commercial navigation. This paper examines the divergence between legal navigability and operational accessibility, using the Strait of Hormuz as its principal case study. It argues that conventional understandings of freedom of navigation do not address the economic consequences of armed conflict, non-state interference, maritime insurance restrictions, and anticipatory commercial withdrawal. The paper introduces the concept of the “Operational Passage Gap” to distinguish legal entitlement from effective access to international waterways. Additionally, it proposes a framework of cooperative navigational resilience rooted in the existing international maritime law. The framework underscores the importance of enhanced institutional coordination and transparent risk governance. The paper concludes by stating that the principal challenge is the inadequacy of legal and institutional arrangements for preserving the exercise of navigational rights during geopolitical instability.

Abstract. Human trafficking deprives people of their dignity, freedom and ability to make choices about their own lives. This goes far beyond a breach of law and order. The suffering often begins with false promises during recruitment and continues through coercion and exploitation. This may persist even after rescue when survivors face social stigma or inadequate support from institutions. This study examines trafficking through victimology and human-rights perspectives. It focusses on the relationship between structural vulnerability and organised exploitation. It examines human trafficking from different perspectives, beginning with its definition under international law and the factors that contribute to the crime. It discusses how victims are recruited and exploited, the protections available under the Indian Constitution and relevant legislation and the approach taken by the Supreme Court in selected cases. It also looks at the psychological and social difficulties survivors face, including the challenges of obtaining compensation and rebuilding their lives. The study adopts a doctrinal research methodology, examining statutory provisions, international instruments and selected judicial decisions. The paper argues that rescuing victims and prosecuting offenders alone cannot address the full impact of trafficking. Survivors also need protection from further harm, compensation, witness protection where necessary and continued support to rebuild their lives. The effectiveness of anti-trafficking measures must therefore be judged not only by the number of convictions but also by whether survivors are able to regain their independence, security and dignity.

Abstract. Cheque dishonour in Nepal has been governed by two overlapping statutes: the Negotiable Instruments Act, 2034 and the Banking Offence and Punishment Act, 2064. The Banking Offence and Punishment (Second Amendment) Act, 2082 did not introduce criminal liability for the first time, but it reorganised an existing dual regime. This article examines that transition through a doctrinal study of the relevant statutes, Supreme Court decisions and secondary materials. It focuses on the repeal of section 107A of the Negotiable Instruments Act, the replacement of former section 3(c) with section 3A, the forty five day notice and certification process, graded imprisonment, the five percent fine, limitation and compromise. The new framework gives the drawer an opportunity to make payment before formal certification and makes punishment more closely reflect the amount involved. At the same time, it continues to combine private recovery, banking regulation and criminal sanction. The article argues that the amendment has made the law more coherent and procedurally clearer, but important questions remain about holder entitlement, the role of earlier case law and the practical operation of certification and settlement.

Abstract. This paper examines the constitutional significance of the Preamble to the Constitution of India, exploring its historical origins, philosophical foundations, substantive ideals, and role in constitutional interpretation. It traces the Preamble to Jawaharlal Nehru's Objectives Resolution, adopted by the Constituent Assembly in 1947, and considers how the framers adapted constitutional ideas from other political and constitutional traditions to India's distinctive circumstances. The study analyses the expression "We, the People of India" as an affirmation of popular sovereignty and examines the character of India as a Sovereign, Socialist, Secular, Democratic Republic. The paper then evaluates the Preamble's principal commitments: justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and opportunity; and fraternity, assuring individual dignity and national unity and integrity. It considers how these ideals are reflected in constitutional provisions concerning fundamental rights, directive principles, citizenship, affirmative action, political participation, religious freedom and the duties of citizens. Through an examination of relevant Supreme Court decisions, the study discusses the relationship between these constitutional promises and the development of substantive equality, social welfare, secularism and democratic participation. A further focus is the legal status of the Preamble. The paper considers the earlier judicial position in In re Berubari Union and the subsequent determination in Kesavananda Bharati v. State of Kerala that the Preamble forms part of the Constitution. It also examines the Forty-Second Amendment Act, 1976, which inserted the terms "Socialist," "Secular" and "Integrity," and the limits imposed by the basic structure doctrine on Parliament's amending power under Article 368. The study argues that, although the Preamble does not independently confer governmental powers or enforceable rights, it remains an integral constitutional component and an authoritative interpretative guide. It encapsulates India's constitutional identity and provides a framework for understanding the Constitution's enduring commitments and democratic aspirations.

Abstract. In the past decade, India’s drone policy has changed gear twice. The near-total prohibition of 2014 gave way to a policy of outright promotion in 2021, and the draft Civil Drone (Promotion and Regulation) Bill, 2025 now signals a move towards control and criminal punishment. This paper considers whether the Indian framework, as it stands and as proposed, withstands constitutional scrutiny and whether it has the capacity to address the security, technological and social issues raised by drones. It reads the Drone Rules, 2021 and the draft Bill against Articles 14, 19 and 21 of the Constitution, examines the gap between the civil aviation regime and counter-drone security, and evaluates programmes in agriculture, land records and health delivery. The comparative part focuses on the United States, the United Kingdom and the European Union. The paper argues that liberalisation and indigenisation have been a success for India, but that State surveillance, counter-drone authority and proportionate enforcement have received far too little attention. It proposes a risk-based classification in place of the present weight-based classification, an independent statutory code for State drone surveillance, and a recalibrated penalty system.

Abstract. This study examines the complex constitutional crisis resulting from the suspension of the Palestinian Legislative Council’s activities, which began in the summer of 2007 and culminated in the Constitutional Court’s 2018 ruling to dissolve it. It uses a descriptive, analytical, and comparative approach to analyze the causes of this structural paralysis and assess the constitutionality of the dissolution decision in light of the provisions of the Basic Law that protect the legislature. The study concluded that this suspension led to an encroachment of presidential power and the emergence of a dual legislative fragmentation between the West Bank and Gaza, thereby weakening democratic legitimacy. The study recommends that comprehensive general elections be held as soon as possible and that a legal committee be formed to unify the conflicting legal systems.

Abstract. Doping in sport is often discussed as a problem of prohibited drugs, positive tests, and sanctions. That framing is incomplete. Contemporary anti-doping governance also addresses prohibited methods and conduct that undermines testing and investigation, while effective prevention must account for health risks, athlete decision-making, team cultures, medical practice, and the commercial pressures surrounding sport. This narrative review synthesizes selected peer-reviewed literature and official anti-doping instruments to examine four connected questions: how doping is defined and regulated; what is known about health consequences; why athletes may consider prohibited performance enhancement; and how detection and prevention can be combined more effectively. The evidence indicates that health risks vary by substance, dose, duration, route, combinations, and the population studied, so findings from non-athlete users should not be generalized uncritically to elite athletes. Research on athlete attitudes identifies perceived performance benefits, social influence, recovery concerns, and financial or career pressures as relevant factors, although attitudes do not directly establish actual use. The World Anti-Doping Code and the annually updated Prohibited List provide a harmonized framework, but testing alone cannot address every source of risk. A more credible response combines risk-based testing and investigation with values-based education, competent medical advice, supplement-risk management, confidential reporting, and proportionate, procedurally fair results management. The review concludes with priorities for prevention and research, including better evaluation of education, improved evidence on long-term health outcomes in athletic populations, and clearer coordination between international standards and national implementation.

Abstract. Digital lending through mobile applications has become a major source of credit for individuals and small traders in Tanzania, but it has been accompanied by high and poorly disclosed costs, the harvesting of borrowers’ telephone data and abusive methods of debt collection. This article examines the legal framework that regulates digital lending by non-deposit-taking (Tier 2) microfinance service providers in Mainland Tanzania and asks whether that framework is applicable to the lenders it is meant to govern and capable of being enforced against them. Using doctrinal legal research supplemented by a limited comparison with Kenya, it analyses the Microfinance Act, the Microfinance (Non-Deposit Taking Microfinance Service Providers) Regulations, 2019, the Bank of Tanzania (Financial Consumer Protection) Regulations, 2019, the Guidelines on Fees and Charges, 2024, the Guidance Note on Digital Lenders, 2024, the Personal Data Protection Act, the Electronic Transactions Act and the National Payment Systems Act, and evaluates them against the public interest theory of regulation, the distinction between entity-based and activity-based regulation, and responsive regulation. The article finds that the rules specific to digital lending are contained in a guidance note rather than in regulations, although the Microfinance Act empowers the Bank of Tanzania to make regulations on digital microfinance business; that the price of credit is controlled by disclosure alone; that the binding rules on personal data and debt collection are general and fragmented, with inconsistent sanctions; and that the conduct rules bind only licensed providers, leaving unlicensed and foreign-hosted lenders largely outside the framework. The claim is one about statutory design, established by doctrinal analysis, and not about how the regulators perform in practice. The article recommends binding digital microfinance regulations under section 60(2)(q) of the Act, an activity-based regulatory perimeter, a defined standard of usurious lending, targeted amendment of the Personal Data Protection Act, a single code of collection practice, consistent sanctions and formal coordination between the regulators.

Abstract. Police officers exercise the most coercive powers of the state, and the legitimacy of those powers depends on how effectively their abuse is investigated, sanctioned and remedied. This article examines police impunity and compliance with human rights standards in Tanzania through a comparative doctrinal analysis with Kenya. Tanzania’s accountability architecture remains predominantly internal: disciplinary authority sits largely within the Police Force under the Inspector General, and the only external body with a mandate over police complaints, the Commission for Human Rights and Good Governance, can make only non-binding recommendations, enforceable only through court action. Kenya’s 2010 Constitution, by contrast, entrenches police professionalism, transparency and accountability and separates discipline from operational command through the National Police Service Commission, while Kenyan statute establishes the Independent Policing Oversight Authority (IPOA), which the High Court has held has exclusive jurisdiction over deaths and serious injuries caused by police action. Drawing on Principal-Agent Theory, Democratic Policing Theory and the Human Rights-Based Approach, supported by Institutional Theory, the article finds that the two states share the same binding obligations under the ICCPR and the African Charter but diverge sharply in domestic institutional design. Kenya produces verifiable, if still modest, outcomes in the form of published data and convictions of officers; comparable Tanzanian data is unavailable. Kenya’s own backlog, delay and continuing custodial deaths nevertheless show that institutional design alone cannot eliminate impunity. The article recommends constitutional entrenchment of police accountability standards, separation of disciplinary authority from operational command, an independent oversight authority with exclusive jurisdiction over serious misconduct, a statutory duty on the prosecuting authority to respond to oversight recommendations, publication of outcome data and protected resourcing, while cautioning against uncritical legal transplantation.

Abstract. Trademark law protects brand symbols, including words, logos and sounds, by conferring exclusive rights and preventing consumer confusion. It was built around physical goods, classified under systems such as the Nice Classification, and tied to geographic markets and channels of trade. The metaverse is a virtual space in which users interact by gaming, collaborating, shopping and exploring; they buy virtual products to adorn their avatars, many of them NFTs, unique digital creations, and spend real money, albeit in the form of digital currencies, to participate. For brand owners, protecting their brands in the metaverse will be critical and will require a legal strategy. This study asks whether the present trademark regime sufficiently safeguards brand owners and consumers, ensures freedom of expression and holds platforms accountable. It is based on a mixed methodology combining doctrinal and comparative approaches across India, the United States and the European Union. The doctrinal approach analyses the Indian Trade Marks Act, 1999 and significant case law, and the comparative approach examines Sections 32 and 43(a) of the US Lanham Act and the EU Trade Mark Directive. The paper also analyses Hermès v. Rothschild and Nike v. StockX as leading precedents. It finds that trademark law largely suffices for virtual goods except in six areas, that sui generis protection is unnecessary, and that targeted reforms can close the gaps: Registry guidance on classification, a use standard for virtual settings, a rebuttable similarity rule, a defined space for expression, function-based platform liability and international guidance on cross-border issues.

Abstract. The integration of Artificial Intelligence (AI) into corporate decision-making is transforming the traditional structure of corporate governance. From financial forecasting and risk assessment to recruitment, contractual evaluation, fraud detection and strategic planning, AI-driven systems increasingly influence decisions that were historically undertaken by directors and senior management. Although these technologies offer efficiency, predictive accuracy and cost advantages, their deployment raises fundamental questions concerning accountability, transparency, independent judgment and the fiduciary responsibilities of corporate directors. Traditional company law presupposes that directors exercise personal judgment, act in good faith and discharge their responsibilities with reasonable care, skill and diligence. However, algorithmic decision-making complicates this assumption because decisions may be generated through complex systems whose internal reasoning is difficult to interpret, whose training data may contain historical biases and whose outputs may change through continuous learning. The central question is whether directors can discharge their fiduciary obligations merely by relying on technologically sophisticated systems or whether such reliance creates a heightened responsibility to understand, supervise and monitor algorithmic processes. This paper critically examines the relationship between AI-driven corporate decision-making and directors’ fiduciary duties, particularly under Section 166 of the Companies Act, 2013. It analyses the emerging challenges of algorithmic opacity, automation bias, accountability gaps, data governance and the delegation of managerial judgment to technological systems. Through comparative examination of the United Kingdom, United States and European Union, the paper evaluates how existing corporate governance principles may be adapted to address AI-related risks. It argues that the adoption of AI does not dilute directors’ legal responsibilities; rather, it requires a more sophisticated interpretation of their duties of care, diligence, good faith and independent judgment. The paper proposes a risk-based framework of AI governance involving board-level oversight, human accountability, algorithmic audits, explainability, continuous monitoring and documented decision-making.

Abstract. Precedent sits at the heart of Indian adjudication, supplying the consistency, predictability and certainty that a justice system needs. Under Article 141 of the Constitution, whatever law the Supreme Court declares is binding upon every court in the country. Yet this binding force produces a lasting strain between continuity and reform. Uniform decision-making strengthens the rule of law, but rigid loyalty to past rulings can keep alive readings that no longer fit constitutional values, social conditions or later legislation. To manage that strain, the Supreme Court has relied on distinguishing, overruling, referral for reconsideration and purposive constitutional interpretation. This paper traces the constitutional basis and justification of precedent in India, examines the dangers of inflexibility, and assesses how the Court has weighed stare decisis against constitutional growth. Its argument is that precedent is neither untouchable nor disposable at the whim of changing judicial taste; departures should rest on principled criteria, constitutional values, institutional legitimacy and real shifts in law or society.

Abstract. Lok Adalats play a significant role in promoting access to justice in India by providing a speedy, cost-effective and accessible mechanism for amicable dispute resolution. They are particularly important for individuals who face financial, procedural and practical barriers in accessing conventional courts. This study examines the constitutional and statutory framework governing Lok Adalats, with particular reference to Article 39A of the Constitution of India and the Legal Services Authorities Act, 1987. It explores their concept, historical evolution, institutional framework and functioning within the Indian legal system. Adopting a doctrinal research methodology, the study draws upon statutory provisions, judicial decisions, books and scholarly literature. The study analyses the contribution of Lok Adalats in reducing litigation costs, expediting dispute resolution, simplifying procedures and alleviating the burden on conventional courts. Simultaneously, it critically examines challenges affecting their effectiveness, including inadequate infrastructure, limited public awareness, pressure to compromise, restricted adjudicatory powers and concerns regarding the protection of vulnerable parties. Particular attention is given to the finality of Lok Adalat awards, the significance of voluntary participation and informed consent, and the scope of judicial intervention in safeguarding procedural fairness. The study argues that the effectiveness of Lok Adalats must be assessed not merely through the number of disputes settled but also through the fairness and legitimacy of the settlement process. It proposes appropriate remedial measures to strengthen institutional accountability, protect the rights of disputing parties and ensure that the pursuit of speedy justice does not compromise substantive legal rights. Ultimately, it emphasises the need to reconcile accessible dispute resolution with procedural fairness to advance the constitutional vision of equal justice.

Abstract. India and China together feed nearly one third of the global population, and both nations have built that capacity on the back of agrarian reform programmes that could hardly be more different in philosophy. This paper undertakes a legal and historical study of agrarian reform in the two countries, tracing the evolution of land law from the colonial and red past through mid-century chaos to the present day. India’s experience is one of gradual, decentralised, rights-based reform conducted largely at the state level and anchored in constitutional guarantees of property and federalism. China’s experience is one of centralised, state-directed transformation, beginning with the forcible redistribution of landlord holdings, passing through collectivisation, and arriving eventually at a hybrid system of collective ownership coupled with individual use rights. The paper examines the constitutional and statutory architecture underlying each model, the market institutions that have grown up around them, the recurring legal and administrative failures each system has produced, and the reforms that scholars and policymakers have proposed to address them. It concludes that neither model offers a template that can simply be transplanted onto the other; each carries distinct trade-offs between efficiency, equity, and individual liberty, and each continues to evolve in response to pressures the original reformers did not fully anticipate.

Abstract. Direct Benefit Transfer (DBT) has become a major component of India’s social-welfare delivery architecture, seeking to move benefits and subsidies through bank accounts and to improve targeting, transparency and administrative efficiency. This paper critically examines the public-policy framework of DBT from a socio-legal perspective, focusing on rural women. It asks whether a technically direct payment necessarily produces meaningful access to welfare. The study adopts a primarily doctrinal and analytical methodology, supplemented by a review of official policy materials and existing scholarship. It examines constitutional principles concerning equality, dignity, livelihood and privacy, and considers judicial decisions including Olga Tellis v. Bombay Municipal Corporation and K.S. Puttaswamy v. Union of India. The analysis finds that DBT can reduce certain intermediary risks and strengthen traceability, but its effectiveness for rural women depends on conditions beyond the payment mechanism itself. Banking access, digital and financial literacy, accurate data, authentication safeguards, information and grievance redress materially affect whether a formal entitlement becomes an actually received and usable benefit. The paper argues that DBT should therefore be evaluated through a dual lens of administrative efficiency and substantive accessibility. A rights-sensitive model should combine reliable payment infrastructure with last-mile banking access, gender-sensitive monitoring, accessible grievance mechanisms and appropriate privacy safeguards.